II 

112TH CONGRESS 

1ST SESSION S. 851 

To establish expanded learning time initiatives, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Mr. HARKIN (for himself, Mr. BINGAMAN, Mr. BENNET, Mr. FRANKEN, Mr. 

BROWN of Ohio, and Mrs. GILLIBRAND) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish expanded learning time initiatives, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Time for Innovation 

5 Matters in Education Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Although the demands of our global society 

9 have grown and expectations of our students and 

10 schools have risen, the time allotted for students and 


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1 teachers to reach these standards has remained the 

2 same for decades. 

3 (2) The near-universal school calendar, con4 sisting of 180 6-hour days, has not changed since 

5 the school calendar was designed to meet the needs 

6 of farms and factories in the early 20th century. 

7 (3) According to the Programme for Inter8 national Student Assessment (PISA), which meas9 ures how well students from more than 70 econo10 mies are prepared to meet the challenges they may 

11 encounter in the future, students in the United 

12 States have maintained a status quo for nearly 1 

13 decade, while the mathematics and reading ratings 

14 of students from other high-performing nations sur15 pass the ratings of students in the United States. 

16 (4) Quality expanded learning programs, which 

17 provide students with more than 300 additional 

18 school hours per year, have demonstrated success in 

19 improving student academic performance across the 

20 United States. 

21 (5) Expanded learning time initiatives can ad22 dress the diverse academic needs and interests of 

23 students and modernize public schools to help stu24 dents develop 21st century learning skills and pre25 pare all students for life-long success. 


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1 (6) As of the date of enactment of this Act, 

2 most expanded learning opportunities are offered 

3 through charter schools or schools with independent 

4 organizational structures, but expanded learning 

5 time could positively impact all public school stu6 dents, from prekindergarten through grade 12. 

7 SEC. 3. PURPOSES. 

8 The purposes of this Act are— 

9 (1) to increase opportunities for students in 

10 high-need schools to participate in expanded learning 

11 time initiatives, including expanded school days, ex12 panded school weeks, or expanded school years, in 

13 order to increase student academic achievement and 

14 student engagement and success in schools, by— 

15 (A) providing students with more in-depth 

16 and rigorous learning opportunities in reading 

17 or language arts, mathematics, science, history 

18 and civics, and other core academic subjects; 

19 (B) providing students with more time for 

20 additional subjects and enrichment activities 

21 that contribute to a well-rounded education, 

22 which may include music and the arts, physical 

23 education, service-learning, and experiential and 

24 work-based learning opportunities (such as 


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1 community service, learning apprenticeships, in2 ternships, and job shadowing); and 

3 (C) providing teachers with increased op4 portunities to work collaboratively, and to par5 ticipate in common planning, within and across 

6 grades and subjects, to improve instruction; 

7 (2) to improve teaching and learning by using 

8 expanded learning, including school redesign, to— 

9 (A) create a seamless program or cur10 riculum with regular and expanded teaching 

11 and learning opportunities within a school pro12 gram that is comprehensively redesigned for 

13 students and teachers; and 

14 (B) improve access to instructional sup15 ports for academically struggling students; 

16 (3) to encourage States, local educational agen17 cies, and schools to develop high-quality, innovative, 

18 replicable, and sustainable initiatives to expand 

19 learning time, including using school redesign; and 

20 (4) to create partnerships between schools and 

21 local educational agencies, and external organiza22 tions such as community-based organizations, insti23 tutions of higher education, community learning cen24 ters, cultural organizations, and health and mental 


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1 health agencies to provide expanded learning oppor2 tunities for students. 

3 SEC. 4. DEFINITIONS AND REFERENCES. 

4 (a) DEFINITIONS.—In this Act: 

5 (1) ELEMENTARY AND SECONDARY EDUCATION

6 ACT TERMS.—The terms ‘‘community-based organi7 zation’’, ‘‘core academic subjects’’, ‘‘elementary 

8 school’’, ‘‘highly qualified’’, ‘‘institution of higher 

9 education’’, ‘‘local educational agency’’, ‘‘other 

10 staff’’, ‘‘parent’’, ‘‘professional development’’, ‘‘sec11 ondary school’’, ‘‘Secretary’’, ‘‘State’’, and ‘‘State 

12 educational agency’’ have the meanings given the 

13 terms in section 9101 of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 7801). 

15 (2) COMMUNITY LEARNING CENTER.—The term 

16 ‘‘community learning center’’ means a community 

17 learning center, as defined in section 4201(b) of the 

18 Elementary and Secondary Education Act of 1965 

19 (20 U.S.C. 7171(b)), that receives assistance under 

20 part B of title IV of such Act. 

21 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’ means— 

23 (A) 1 or more local educational agencies; 

24 or 


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1 (B) a partnership that includes 1 or more 

2 local educational agencies and 1 or more of the 

3 following: 

4 (i) A nonprofit community-based orga5 nization, such as— 

6 (I) an organization with dem7 onstrated experience in expanding 

8 learning opportunities and helping 

9 schools redesign their educational pro10 grams to better meet student needs; 

11 or 

12 (II) an organization focused on 

13 alternative learning or dropout pre14 vention. 

15 (ii) An institution of higher education. 

16 (iii) A community learning center. 

17 (iv) An entity that is carrying out an 

18 after-school program. 

19 (v) A public or nonprofit entity. 

20 (4) EXPANDED LEARNING TIME INITIATIVE.— 

21 The term ‘‘expanded learning time initiative’’ means 

22 a program that— 

23 (A) uses an expanded school day, expanded 

24 school week, or expanded school year schedule, 

25 that increases the total number of school hours 


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1 for the school year at a school by not less than 

2 300 hours (which shall include hours in which 

3 a student is engaged in academic activities, ex4 periential learning, work-based learning, and 

5 enrichment, but shall not include hours in 

6 which a student is engaged in sports or employ7 ment activities)— 

8 (i) compared to the school year that is 

9 standard for the local educational agency 

10 serving the school, for schools of the com11 parable level (elementary school, middle 

12 school, or high school, as defined under ap13 plicable State law); or 

14 (ii) in the case of a charter school 

15 that is its own local educational agency, 

16 compared to the school year that is stand17 ard for local educational agencies in the 

18 surrounding area, for schools of the com19 parable level; 

20 (B) uses the expanded learning time in21 volved to redesign the school’s program in a 

22 manner that includes additional time— 

23 (i) for academic work, and to support 

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1 larly struggling students) in reading or 

2 language arts, mathematics, science, his3 tory and civics, and other core academic 

4 subjects; 

5 (ii) to advance student learning for all 

6 students, including those who already meet 

7 or exceed student academic achievement 

8 standards, as measured by State academic 

9 assessments required under section 

10 1111(b)(3) of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 

12 6311(b)(3)); 

13 (iii) for additional subjects and en14 richment activities that contribute to a 

15 well-rounded education, which may include 

16 music and the arts, physical education, 

17 service-learning, and experiential and 

18 work-based learning opportunities (such as 

19 community service, learning apprentice20 ships, internships, and job shadowing); and 

21 (iv) for teachers for collaboration, and 

22 common planning, within and across 

23 grades and subjects; and 


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1 (C) will expand learning time for all stu2 dents in all grade levels in the school, except 

3 that— 

4 (i) the program shall not require sec5 ondary schools to have all students on 

6 campus at all times; and 

7 (ii) a school that includes an on-site 

8 prekindergarten-level program may choose 

9 whether or not to expand the learning time 

10 of such program, however, if the school de11 cides to provide expanded learning time for 

12 prekindergarten, the school must do so for 

13 all students enrolled in prekindergarten at 

14 the school. 

15 (5) EXPANDED LEARNING TIME SCHOOL.—The 

16 term ‘‘expanded learning time school’’ means a 

17 school that has implemented an expanded learning 

18 time initiative using funds received under this Act. 

19 (6) GRADUATION RATE.—The term ‘‘graduation 

20 rate’’ means a graduation rate as defined in section 

21 1111(b)(2)(C)(vi) of the Elementary and Secondary 

22 Education Act of 1965 (20 U.S.C. 

23 6311(b)(2)(C)(vi)) and clarified by section 200.19(b) 

24 of title 34, Code of Federal Regulations, or any cor25 responding similar regulation or ruling. 


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1 (7) HIGH-NEED SCHOOL.— 

2 (A) IN GENERAL.—The term ‘‘high-need 

3 school’’ means— 

4 (i) a public elementary school or sec5 ondary school at which 50 percent or more 

6 of the students are low-income students; or 

7 (ii) a high school with a graduation 

8 rate of less than 75 percent. 

9 (8) HIGH SCHOOL.—The term ‘‘high school’’ 

10 means a public high school, as defined under appli11 cable State law. 

12 (9) LOW-INCOME STUDENT.—The term ‘‘low-in13 come student’’ means a student who is eligible to be 

14 counted under 1 of the measures of poverty de15 scribed in section 1113(a)(5) of the Elementary and 

16 Secondary Education Act of 1965 (20 U.S.C. 

17 6313(a)(5)). 

18 (10) REDESIGN.—The term ‘‘redesign’’, used 

19 with respect to a school or school program, means 

20 a process to significantly reconfigure a school’s or 

21 program’s schedule in a manner that more effec22 tively utilizes students and teachers’ time, including 

23 providing additional time— 


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1 (A) for academic work and to support in2 novation in the teaching of core academic sub3 jects; 

4 (B) for teachers to collaborate and conduct 

5 common planning; and 

6 (C) for innovative approaches to providing 

7 academic, experiential, and work-based learning 

8 opportunities. 

9 (b) REFERENCES.—In this Act— 

10 (1) a reference to a school day, school week, or 

11 school year includes a reference to a combination 

12 thereof; and 

13 (2) a reference to a school day, school week, or 

14 school year program (or schedule) includes a ref15 erence to a combination thereof. 

16 SEC. 5. PROGRAM AUTHORIZED. 

17 (a) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

18 From the amount appropriated under section 12, the Sec19 retary is authorized to award grants on a competitive basis 

20 under section 6 to State educational agencies having appli21 cations approved pursuant to section 6(c) to enable such 

22 agencies to award subgrants on a competitive basis to eli23 gible entities as described in sections 7 and 8. 


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1 (b) RESERVATION.—From the amount made avail2 able under this Act for each fiscal year, the Secretary may 

3 reserve— 

4 (1) 3 percent of the amount to carry out the ac5 tivities described in section 10; and 

6 (2) from the remainder— 

7 (A) not more than 20 percent of the re8 mainder to award grants under section 9; and 

9 (B) not more than $1,000,000 to carry out 

10 the review of applications for, selection of re11 cipients of, and distribution of, grants to State 

12 educational agencies and eligible entities under 

13 sections 6 and 9. 

14 SEC. 6. GRANTS TO STATE EDUCATIONAL AGENCIES. 

15 (a) GRANTS.— 

16 (1) IN GENERAL.—The Secretary is authorized 

17 to award grants to State educational agencies on a 

18 competitive basis to assist the agencies in developing 

19 State expanded learning time grant programs in ac20 cordance with this Act, which shall involve awarding 

21 subgrants on a competitive basis to eligible entities 

22 in accordance with this Act, to plan and implement 

23 expanded learning time initiatives in high-need 

24 schools. 


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1 (2) DISTRIBUTION.—The Secretary shall ensure 

2 that grants awarded under this section and section 

3 9 are distributed to State educational agencies and 

4 eligible entities from diverse geographical regions. 

5 (b) DURATION.—The Secretary shall award grants 

6 described in subsection (a) for an initial period of not 

7 more than 4 years, and shall renew a State educational 

8 agency’s grant for an additional period of not more than 

9 2 years if the Secretary finds that the State educational 

10 agency is achieving the objectives of the grant and has 

11 shown improvement against baseline data on the perform12 ance indicators described in subsection (d)(4). 

13 (c) APPLICATIONS.—Each State educational agency 

14 desiring to receive a grant under this section shall submit 

15 an application to the Secretary at such time, in such man16 ner, and accompanied by such information as the Sec17 retary may require. At a minimum, each State educational 

18 agency application shall include— 

19 (1) a description of how the State educational 

20 agency will use grant funds under this section; 

21 (2) a description of the peer review process and 

22 selection criteria the State educational agency will 

23 use to evaluate applications from, and select, eligible 

24 entities to receive expanded learning time planning 

25 and implementation subgrants, which shall include— 


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1 (A) a description of how the State edu2 cational agency will assess the capacity of eligi3 ble entities to plan and implement high-quality 

4 expanded learning time initiatives; and 

5 (B) a description of how the State edu6 cational agency will prioritize applications from 

7 eligible entities that meet the requirements of 

8 section 7(f); 

9 (3) a description of the process the State edu10 cational agency will use to encourage local edu11 cational agencies and schools, especially local edu12 cational agencies and schools with a high percentage 

13 of low-income students, to implement expanded 

14 learning time initiatives; 

15 (4) a description of how the State educational 

16 agency will provide, or has provided, technical assist17 ance and support to eligible entities, local edu18 cational agencies, and schools receiving funds 

19 through the State educational agency under this Act, 

20 in implementing expanded learning time initiatives, 

21 including— 

22 (A) assisting local educational agencies in 

23 identifying potential partners that are external 

24 organizations with demonstrated experience in 

25 expanding learning opportunities and helping 


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1 schools redesign their educational programs to 

2 better meet student needs; and 

3 (B) assisting eligible entities, local edu4 cational agencies, and schools in collecting, re5 viewing, and analyzing data on student aca6 demic achievement; 

7 (5) a description of how the State educational 

8 agency will use the expanded learning time grant 

9 program, and lessons learned from such program— 

10 (A) to improve schools that have not made 

11 adequate yearly progress under section 

12 1111(b)(2) of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6311(b)(2)) 

14 for 2 or more consecutive years; and 

15 (B) to improve student academic achieve16 ment at such schools; 

17 (6) a description of how the State educational 

18 agency will evaluate, on a regular basis, activities 

19 carried out by eligible entities receiving funds 

20 through the State educational agency under this Act; 

21 (7) a description of how the State educational 

22 agency will collect, analyze, and disseminate, to local 

23 educational agencies and other schools within the 

24 State, information on best practices learned from 


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1 schools receiving funding under this Act, including 

2 best practices for— 

3 (A) improving schools that have not made 

4 adequate yearly progress under section 

5 1111(b)(2) of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6311(b)(2)) 

7 for 2 or more years; and 

8 (B) improving student academic achieve9 ment at such schools; 

10 (8) an assurance that the State educational 

11 agency, and any eligible entity receiving funds 

12 through the State educational agency under this Act, 

13 will, if requested, participate in the evaluation de14 scribed in section 10(b)(3); and 

15 (9) information identifying the per-pupil fund16 ing amount range the State will use to establish the 

17 correct amount of subgrants that will be awarded to 

18 local educational agencies under section 8(c). 

19 (d) AUTHORIZED ACTIVITIES.— 

20 (1) DISTRIBUTION.—A State educational agen21 cy that receives a grant under this section— 

22 (A) may reserve not more than 10 percent 

23 of the grant funds to carry out the activities de24 scribed in paragraphs (2) through (4); and 


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1 (B) shall use an amount consisting of not 

2 less than 90 percent of the grant funds to 

3 award subgrants, on a competitive basis, to eli4 gible entities under section 7 or section 8 to en5 able the eligible entities to carry out the author6 ized activities described in section 7(e) or 8(f), 

7 except that not more than 10 percent of that 

8 amount shall be used for subgrants under sec9 tion 7. 

10 (2) STATE-LEVEL PLANNING AND ADMINISTRA11 TION.—A State educational agency that receives a 

12 grant under this section may use grant funds re13 served under paragraph (1)(A) for planning and ad14 ministration, including— 

15 (A) evaluating applications from eligible 

16 entities; 

17 (B) administering the distribution of sub18 grants to eligible entities; and 

19 (C) assessing and evaluating, on a regular 

20 basis, activities carried out by eligible entities 

21 receiving funds through the State educational 

22 agency under this Act. 

23 (3) TECHNICAL ASSISTANCE FOR ELIGIBLE EN24 TITIES.—A State educational agency that receives a 

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1 served under paragraph (1)(A) for technical assist2 ance, including— 

3 (A) assisting eligible entities in planning 

4 and implementing expanded learning time ini5 tiatives, including assisting local educational 

6 agencies in identifying potential partners that 

7 are external organizations with demonstrated 

8 experience in expanding learning opportunities 

9 and helping schools redesign their educational 

10 programs to better meet student needs; 

11 (B) implementing a program of profes12 sional development for teachers and administra13 tors, in schools that receive funding under this 

14 Act, that prepares teachers and administrators 

15 to implement the authorized activities described 

16 in section 8(f); and 

17 (C) identifying best practices for using ex18 panded learning time to improve student aca19 demic achievement in schools that have not 

20 made adequate yearly progress under section 

21 1111(b)(2) of the Elementary and Secondary 

22 Education Act of 1965 (20 U.S.C. 6311(b)(2)) 

23 for 2 or more years, and providing technical as24 sistance to local educational agencies in using 


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1 such best practices to implement expanded 

2 learning time in such schools. 

3 (4) EVALUATION AND REPORTING.—A State 

4 educational agency that receives a grant under this 

5 section shall annually prepare and submit to the 

6 Secretary a report that contains all reports sub7 mitted by eligible entities under section 8(g), and 

8 provide an evaluation of progress made by eligible 

9 entities in improving the following (disaggregated by 

10 the student subgroups described in section 

11 1111(b)(2)(C)(v)(II) of the Elementary and Sec12 ondary Education Act of 1965): 

13 (A) student academic achievement and 

14 growth, as measured by State academic assess15 ments required under section 1111(b)(3) of the 

16 Elementary and Secondary Education Act of 

17 1965; 

18 (B) for high schools— 

19 (i) graduation rates; 

20 (ii) rates of student enrollment in an 

21 institution of higher education (as defined 

22 under section 101(a) of the Higher Edu23 cation Act of 1965) within 16 months of 

24 receiving a regular high school diploma; 

25 and 


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1 (iii) rates of remediation and credit 

2 accumulation of students who enroll in a 

3 public institution of higher education (as 

4 defined in section 101(a) of the Higher 

5 Education Act of 1965) within the State; 

6 (C) performance on a set of comprehensive 

7 school performance indicators, which— 

8 (i) shall include— 

9 (I) student attendance; 

10 (II) as appropriate, rate of 

11 earned on-time promotion from grade 

12 to grade; 

13 (III) percentage of students fail14 ing a credit-bearing mathematics, 

15 reading or language arts, or science 

16 course, or failing 2 or more courses in 

17 any subjects; and 

18 (IV) for high schools, the per19 centage of students taking a cur20 riculum that prepares students for 

21 postsecondary education; and 

22 (ii) for high schools, may include stu23 dent rates of attainment of an associate or 

24 baccalaureate degree within 4, 5, and 6 

25 years. 


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1 (e) MATCH.— 

2 (1) IN GENERAL.—Each State educational 

3 agency that receives a grant under this section shall 

4 provide matching funds to carry out the activities 

5 supported by the grant in an amount not less 

6 than— 

7 (A) for the first year of an initial grant 

8 under this section, 10 percent of the cost of the 

9 activities; 

10 (B) for the second year of such a grant, 20 

11 percent of the cost of the activities; 

12 (C) for the third year of such grant, or the 

13 first year of a subsequent grant under this sec14 tion, 25 percent of the cost of the activities; and 

15 (D) for the second or any succeeding year 

16 of such subsequent grant, 30 percent of the 

17 cost of the activities. 

18 (2) MATCHING FUNDS.—The State educational 

19 agency may provide the matching funds in cash or 

20 in kind, fairly evaluated, including plant, equipment, 

21 or services, but may not provide more than 50 per22 cent of the matching funds in kind. The State edu23 cational agency may provide the matching funds 

24 from State, local, or private sources. 


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1 (f) SUPPLEMENT NOT SUPPLANT.—Funds used to 

2 make grants under this Act shall be used to supplement 

3 and not supplant other Federal, State, and local public 

4 funds expended to plan or implement expanded learning 

5 time initiatives. 

6 SEC. 7. EXPANDED LEARNING TIME PLANNING SUB7 GRANTS. 

8 (a) SUBGRANTS AUTHORIZED.—A State educational 

9 agency receiving a grant under section 6 is authorized to 

10 award expanded learning time planning subgrants, on a 

11 competitive basis, to eligible entities. 

12 (b) DURATION.—The State educational agency shall 

13 award each subgrant described in subsection (a) for a pe14 riod of not more than 1 year. Such grants shall be non15 renewable. 

16 (c) SUBGRANT AMOUNT.—The State educational 

17 agency shall award each subgrant described in subsection 

18 (a) in an amount that is not less than $15,000 and not 

19 more than $60,000. 

20 (d) APPLICATIONS.—Each eligible entity desiring to 

21 receive an expanded learning time planning subgrant pur22 suant to this section shall submit an application to the 

23 State educational agency at such time and in such manner 

24 as the agency may require. At a minimum, the eligible 

25 entity’s application shall include— 


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1 (1) a description of the eligible entity’s proposal 

2 to establish expanded learning time initiatives, in3 cluding school redesign, at high-need schools served 

4 by the eligible entity; 

5 (2) information identifying the number of high6 need schools the eligible entity proposes to serve 

7 using funds made available under this Act, and a de8 scription of the process, considerations, and criteria 

9 the eligible entity will use to select schools to imple10 ment the expanded learning time initiatives— 

11 (A) which considerations shall include the 

12 percentage of low-income students attending 

13 each school; and 

14 (B) which criteria shall include the local 

15 educational agency’s determination of the ca16 pacity of each school to implement successfully 

17 a proposed expanded learning time initiative; 

18 (3) a description of the process by which the el19 igible entity will ensure the meaningful involvement 

20 of teachers, teacher organizations, parents, and com21 munity-based organizations in the development of 

22 the expanded learning time initiatives; 

23 (4) a description of how the local educational 

24 agency involved and participating high-need schools 

25 will work with external organizations that comprise 


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1 the eligible entity involved, and any other external 

2 organizations as applicable (such as a community3 based organization, an institution of higher edu4 cation, a community learning center, an entity car5 rying out an after-school program, or an organiza6 tion that will provide students with internships and 

7 work-based learning opportunities) to develop and 

8 implement expanded learning time initiatives; 

9 (5) an assurance that the eligible entity has the 

10 infrastructure in place to collect the data necessary 

11 for an evaluation of the impact of the expanded 

12 learning time initiatives on student academic 

13 achievement, graduation rates, and indicators de14 scribed in section 6(d)(4), to be submitted in the re15 port described in section 8(g); and 

16 (6) an assurance that each participating local 

17 educational agency will use the subgrant period to 

18 negotiate and reach an agreement with the recog19 nized representatives of the employees of each par20 ticipating high-need school served by the agency or, 

21 where there is no such representative, with the em22 ployees of each participating high-need school served 

23 by the agency. 

24 (e) AUTHORIZED ACTIVITIES.—An eligible entity re25 ceiving a subgrant under this section shall use the 


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1 subgrant funds to develop a detailed plan to implement 

2 expanded learning time initiatives at high-need schools 

3 served by the eligible entity, as specified in this section. 

4 (f) PRIORITY.—In awarding subgrants under this 

5 section, a State educational agency shall give priority to 

6 an application from an eligible entity that— 

7 (1) serves a high percentage of students eligible 

8 to be counted under section 1124(c)(1)(A) of the El9 ementary and Secondary Education Act of 1965 (20 

10 U.S.C. 6333(c)(1)(A)); 

11 (2) includes a nonprofit community-based orga12 nization with a demonstrated record of success in 

13 expanding learning opportunities or helping schools 

14 redesign their educational programs to better meet 

15 student needs; 

16 (3) has identified a coordinator at each high17 need school that will participate in the expanded 

18 learning time initiative to support the integration 

19 and alignment of community partners for the school, 

20 and the programming of such partners, throughout 

21 the expanded school day, week, or year; 

22 (4) will require each high-need school that will 

23 participate in the expanded learning time initiative 

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1 resentatives of the school and all community part2 ners that will be part of the initiative, that— 

3 (A) shows commitment from teachers, 

4 school leaders, and the staff of community part5 ners to work collaboratively to implement the 

6 expanded learning time initiative; 

7 (B) sets clear expectations, including 

8 measurable goals for all community partners; 

9 and 

10 (C) shows that staff from all community 

11 partners are committed to collecting and report12 ing to the school relevant data about the par13 ticipation, performance, and outcomes of ex14 panded learning time programs in order to 

15 monitor progress toward achieving such goals, 

16 and that the school is committed to sharing in17 formation with the community partners, as nec18 essary and appropriate, to assist the community 

19 partners in meeting such goals; and 

20 (5) will coordinate funds received under this 

21 Act with other Federal, State, local, or private 

22 sources of funding in order to implement high-qual23 ity expanded learning time initiatives in partici24 pating schools. 


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1 SEC. 8. EXPANDED LEARNING TIME IMPLEMENTATION 

2 SUBGRANTS. 

3 (a) SUBGRANTS AUTHORIZED.—A State educational 

4 agency receiving a grant under section 6 is authorized to 

5 award expanded learning time implementation subgrants, 

6 on a competitive basis, to eligible entities that have re7 ceived subgrants pursuant to section 7. 

8 (b) DURATION.—The State educational agency shall 

9 award each subgrant described in subsection (a) for an 

10 initial period of not more than 3 years, and shall renew 

11 such subgrant for an additional period of not more than 

12 2 years if the State educational agency finds that the eligi13 ble entity is achieving the objectives of the subgrant and 

14 has shown improvement against baseline data on the per15 formance indicators described in section 6(d)(4). 

16 (c) SUBGRANT AMOUNT.—In awarding a subgrant 

17 described in subsection (a) to an eligible entity, a State 

18 educational agency shall determine the amount of the 

19 subgrant by taking into account the number of students 

20 expected to participate in the expanded learning time ini21 tiatives involved, as specified in the application submitted 

22 by the eligible entity under subsection (d), and the approx23 imate per student cost of implementing a high-quality ex24 panded learning time initiative. 

25 (d) APPLICATIONS.—Each eligible entity desiring to 

26 receive an expanded learning time implementation 


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1 subgrant pursuant to this section shall submit an applica2 tion to the State educational agency at such time and in 

3 such manner as the agency may require. At a minimum, 

4 the eligible entity’s application shall include— 

5 (1) an identification and description of each 

6 high-need school (selected in accordance with the 

7 process, considerations, and criteria described in sec8 tion 7(d)(2)) that will receive funding from the eligi9 ble entity to participate in an expanded learning 

10 time initiative, including— 

11 (A) the number of students that will be 

12 served through the initiative at the school; and 

13 (B) student academic achievement, demo14 graphic, and socioeconomic data for students at 

15 the school; 

16 (2) a description of how the eligible entity will 

17 implement at each such school an expanded learning 

18 time initiative that involves an expanded school day, 

19 expanded school week, or expanded school year 

20 schedule, and school redesign at each such school 

21 consistent with section 4(a)(4)(A), which description 

22 shall include— 

23 (A) a description of how the expanded 

24 learning time schedule will expand learning 


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1 time by not less than 300 hours, consistent with 

2 section 4(a)(4); and 

3 (B) a description of how the eligible entity 

4 will meet each of the other requirements of the 

5 definition in section 4(a)(4); 

6 (3) a description of the plan the eligible entity 

7 will use to evaluate, on an annual basis, the impact 

8 of each expanded learning time initiative, based on 

9 measures of student academic achievement, student 

10 engagement and success, and other appropriate 

11 measures; 

12 (4) a description of the additional subjects and 

13 enrichment activities that will be offered at each 

14 such school that contribute to a well-rounded edu15 cation; 

16 (5) a comprehensive plan, developed in collabo17 ration with teachers and, as appropriate, other staff, 

18 for professional development at each such school 

19 that includes a description of intended changes in 

20 teaching practices and curriculum delivery that will 

21 result in improved student academic achievement 

22 and student engagement and success; 

23 (6) a description of how the eligible entity will 

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1 dent academic achievement in schools that have not 

2 made adequate yearly progress under section 

3 1111(b)(2) of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or 

5 more consecutive years; 

6 (7) evidence of an agreement reached between 

7 each participating local educational agency and the 

8 exclusive recognized representative of the employees 

9 of each participating high-need school served by the 

10 agency, for employees to work the expanded learning 

11 time schedules involved, or if there is no such rep12 resentative, evidence of an agreement supported by 

at least 2 13 ⁄3 of the employees of each participating 

14 high-need school served by the local educational 

15 agency, to work the expanded learning time sched16 ules involved; 

17 (8) a description of how the local educational 

18 agency involved and participating high-need schools 

19 will work with external organizations that comprise 

20 the eligible entity involved, and any other external 

21 organizations as applicable (such as a community22 based organization, an institution of higher edu23 cation, a community learning center, an entity car24 rying out an after-school program, or an organiza25 tion that will provide students with internships and 


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1 work-based learning opportunities) to implement ex2 panded learning time initiatives, including a descrip3 tion of the specific roles and responsibilities of such 

4 external organizations; 

5 (9) a description of the process by which the el6 igible entity ensured the meaningful involvement of 

7 teachers, teacher organizations, where applicable, 

8 administrators, parents, and community-based orga9 nizations in the development (including the design) 

10 of the expanded learning time initiatives; 

11 (10) an assurance that the eligible entity will 

12 work with a community learning center, or an entity 

13 carrying out an after-school program, where appro14 priate, to provide after-school programs for students 

15 participating in the expanded learning time initia16 tives after the conclusion of the school day; and 

17 (11) an assurance that the eligible entity will 

18 report to the State educational agency all data nec19 essary for the State educational agency’s report, 

20 under section 6(d)(4). 

21 (e) PRIORITY.—In awarding subgrants under this 

22 section, a State educational agency shall give priority to 

23 an application from an eligible entity that meets the cri24 teria described in section 7(f). 


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1 (f) AUTHORIZED ACTIVITIES.—An eligible entity re2 ceiving a subgrant under this section shall use the 

3 subgrant funds to implement high-quality expanded learn4 ing time initiatives, at high-need schools served by such 

5 eligible entity, that are consistent with section 4(a)(4). 

6 (g) REPORTS BY ELIGIBLE ENTITIES.—Each eligible 

7 entity receiving a subgrant under this section for expanded 

8 learning time initiatives shall, not later than 1 year after 

9 the first day of the first school year in which the expanded 

10 learning time initiatives were implemented, prepare and 

11 submit to the State educational agency a report— 

12 (1) containing a detailed description of the ex13 panded learning time initiatives carried out; 

14 (2) regarding the technical assistance the eligi15 ble entity provided to expanded learning time 

16 schools; 

17 (3) for each expanded learning time school— 

18 (A) regarding the budget for, and actual 

19 expenses associated with carrying out, the ex20 panded learning time initiatives in the first 

21 school year; and 

22 (B) regarding the amount of time by which 

23 the school day, school week, or school year, was 

24 expanded in the school; and 


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1 (4) containing information on the impact of the 

2 expanded learning time initiatives, including— 

3 (A) data on student academic achievement 

4 and growth as measured by State academic as5 sessments required under section 1111(b)(3) of 

6 the Elementary and Secondary Education Act 

7 of 1965 (20 U.S.C. 6311(b)(3)); 

8 (B) graduation rates; and 

9 (C) indicators described in section 6(d)(4). 

10 (h) PUBLICATION AND AVAILABILITY OF REPORT

11 SUMMARIES.—The Secretary shall publish and make wide12 ly available to the public, including through a website or 

13 other means, a summary of the eligible entity reports re14 ceived under section 6(d)(4) and subsection (g). 

15 SEC. 9. GRANTS TO ELIGIBLE ENTITIES. 

16 (a) IN GENERAL.—The Secretary may award a grant 

17 under this section to an eligible entity that serves 1 or 

18 more areas within 1 or more States. 

19 (b) PLANNING AND IMPLEMENTATION GRANTS.— 

20 The Secretary may award a planning grant under sub21 section (a), to the eligible entity, to carry out the activities 

22 described in section 7(e). In the case of an eligible entity 

23 that has received a planning grant under subsection (a), 

24 the Secretary may award an implementation grant under 


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1 subsection (a) to the eligible entity, to carry out the activi2 ties described in section 8(f). 

3 (c) APPLICATIONS.— 

4 (1) IN GENERAL.—To be qualified to receive a 

5 grant under subsection (a), an eligible entity shall 

6 submit to the Secretary an application that contains 

7 the following: 

8 (A) If the application is for a planning 

9 grant— 

10 (i) information describing how the en11 tity will undertake the activities described 

12 in section 6(c)(7); and 

13 (ii) the information described in sec14 tion 7(d). 

15 (B) If the application is for an implemen16 tation grant, the information described in sec17 tion 8(d), other than paragraph (11) of that 

18 section. 

19 (2) PRIORITY.—In determining whether to 

20 award a grant under subsection (a) to an eligible en21 tity, the Secretary shall give priority to an eligible 

22 entity that meets the criteria described in section 

23 7(f). 


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1 (d) PERIOD; AMOUNT.—The subgrant period and 

2 amount described in subsections (b) and (c) of section 7 

3 or 8, as appropriate, shall apply to the grant. 

4 (e) AUTHORITIES; RESPONSIBILITIES.—The eligible 

5 entity shall have the same authorities and responsibilities 

6 under this Act as an eligible entity that receives a 

7 subgrant under section 7 or 8, as appropriate. In carrying 

8 out the report responsibilities described in section 8(g), 

9 the eligible entity shall submit the reports to the Sec10 retary. 

11 (f) MATCH.— 

12 (1) IN GENERAL.—Each eligible entity that re13 ceives an implementation grant under this section 

14 shall comply with the matching requirements de15 scribed in section 6(e)(1), except that references in 

16 that section to a grant under section 6 shall be con17 sidered to be references to an implementation grant 

18 under this section. 

19 (2) MATCHING FUNDS.—The eligible entity may 

20 provide the matching funds in cash or in kind, fairly 

21 evaluated, including plant, equipment, or services, 

22 but may not provide more than 50 percent of the 

23 matching funds in kind. The eligible entity may pro24 vide the matching funds from State, local, or private 

25 sources, or Federal sources under the Elementary 


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1 and Secondary Education Act of 1965 (20 U.S.C. 

2 6301 et seq.). 

3 SEC. 10. NATIONAL ACTIVITIES. 

4 (a) TECHNICAL ASSISTANCE AND SUPPORT.— 

5 (1) IN GENERAL.—The Secretary is authorized 

6 to provide, directly or by entering into a contract 

7 with an independent organization, technical assist8 ance to State educational agencies, eligible entities, 

9 including eligible entities receiving grants under sec10 tion 9, local educational agencies, and schools in de11 veloping and implementing expanded learning time 

12 initiatives under this Act. 

13 (2) PROVISION OF ASSISTANCE.—The Secretary 

14 or such organization shall provide technical assist15 ance that shall include— 

16 (A) assisting State educational agencies 

17 (and eligible entities receiving grants under sec18 tion 9, at the election of the Secretary) with de19 veloping expanded learning time initiatives; and 

20 (B) identifying and disseminating informa21 tion about eligible entities, local educational 

22 agencies, and schools that have effectively 

23 planned and implemented expanded learning 

24 time initiatives, including schools that have im25 plemented such initiatives to improve student 


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1 academic achievement in schools that previously 

2 had not made adequate yearly progress under 

3 section 1111(b)(2) of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 

5 6311(b)(2)) for 2 or more years. 

6 (b) EVALUATION AND DISSEMINATION.— 

7 (1) IN GENERAL.—The Secretary shall enter 

8 into a contract with an independent organization 

9 with expertise in school improvement, program eval10 uation, and measurement (such as an institution of 

11 higher education or other research organization) to 

12 assist with the provision of the technical assistance, 

13 and conduct the evaluation and analyses, described 

14 in this subsection. 

15 (2) TECHNICAL ASSISTANCE ON DATA COLLEC16 TION AND MEASURES.— 

17 (A) IN GENERAL.—The independent orga18 nization shall provide technical assistance to 

19 State educational agencies and eligible entities 

20 receiving funds under this Act with data collec21 tion and analysis of— 

22 (i) measures of student academic 

23 achievement and student engagement and 

24 success, including the indicators and other 

25 measures described in section 6(d)(4); 


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1 (ii) measures of teacher collaboration 

2 and common planning; and 

3 (iii) detailed measures of the amount 

4 of time devoted to core academic subjects 

5 and additional subjects and enrichment ac6 tivities. 

7 (B) SPECIAL RULE FOR ELIGIBLE ENTI8 TIES RECEIVING GRANTS UNDER SECTION 9.— 

9 If an eligible entity receives a grant under sec10 tion 9, the eligible entity shall establish meas11 ures in lieu of the measures described in sub12 paragraph (A) to assess the success of the eligi13 ble entity and schools receiving funds through 

14 the eligible entity under this Act. 

15 (3) REPORT.— 

16 (A) IN GENERAL.—The independent orga17 nization shall prepare a report that shall in18 clude the evaluation described in subparagraph 

19 (B), including the analyses described in sub20 paragraph (C), and the analyses described in 

21 subparagraph (D). 

22 (B) EVALUATION.—The independent orga23 nization shall conduct an evaluation of the im24 pact and implementation of the program funded 

25 under this Act, which evaluation shall rely in 


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1 part on the reports prepared by States under 

2 section 6(d)(4) and eligible entities pursuant to 

3 section 8(g) (including reports described in sec4 tion 9(e)). 

5 (C) CONTENTS.—In conducting the evalua6 tion, the independent organization shall conduct 

7 an analysis of the impact of the expanded learn8 ing time initiatives funded under this Act, by 

9 analyzing data on the measures described in 

10 paragraph (2) and other appropriate measures 

11 for students participating in expanded learning 

12 time initiatives in all expanded learning time 

13 schools, with results from that analysis 

14 disaggregated by expanded school day, ex15 panded school week, or expanded school year 

16 program, as appropriate. 

17 (D) ANALYSES.—The independent organi18 zation shall conduct— 

19 (i) a comparative analysis of how vari20 ation in school design, instructional prac21 tices, and other conditions influence the 

22 success of the implementation of the ex23 panded learning time initiatives; 

24 (ii) a comparative analysis of the con25 ditions and activities that impact the planVerDate Mar 15 2010 21:56 Apr 18, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S851.IS S851

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1 ning and implementation of the expanded 

2 learning time initiatives, including— 

3 (I) teaching and leadership prac4 tices at a school; 

5 (II) student and teacher sched6 ules; 

7 (III) the additional costs of oper8 ating an expanded learning time 

9 school; 

10 (IV) how the additional school 

11 hours required for the initiative in12 volved are used to enhance teaching 

13 and learning; and 

14 (V) how external organizations 

15 are utilized for the initiative; 

16 (iii) an analysis of the similarities and 

17 differences in the ways in which schools 

18 implemented an expanded school day, ex19 panded school week, or expanded school 

20 year schedule; and 

21 (iv) any other analysis requested by 

22 the Secretary. 

23 (4) DISSEMINATION.—The independent organi24 zation shall submit the report described in para25 graph (3) to Congress and the Secretary, and disVerDate Mar 15 2010 21:56 Apr 18, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S851.IS S851

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1 seminate the report to the general public. The Sec2 retary shall ensure that the report described in para3 graph (3) is provided to eligible entities and local 

4 educational agencies on a periodic basis for use in 

5 improving initiatives. 

6 SEC. 11. CONSTRUCTION. 

7 Nothing in this Act shall be construed to alter or oth8 erwise affect the rights, remedies, and procedures afforded 

9 to the employees of local educational agencies under Fed10 eral, State, or local law (including applicable regulations 

11 or court orders) or under the terms of collective bar12 gaining agreements, memoranda of understanding, or 

13 other agreements between such employees and their em14 ployers. 

15 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to carry out 

17 this Act such sums as may be necessary. 

Æ 


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